Tuesday, 11 October 2011

Mut’ah and Misfar marriages are illegal and unislamic



From: Mohdrizwan Abdulaziz <moula_87@yahoo.com>
Date: Tue, Oct 11, 2011 at 10:06 PM
Subject: █▓▒░░▒▓█ Fw: Mut'ah and Misfar marriages are illegal and unislamic
To: mshoaibtanoli@googlegroups.com
Cc: islamhelptalk@yahoogroups.com




--- On Tue, 10/11/11, syed abdul khaleq <khaleq_hyd@yahoo.co.uk> wrote:


Dear Brothers, As  i said earlier the difference of opinion arose between the companions and between the scholars, on matters whether the Prophet (saws) did or say a thing or not.   The imams and the scholars sometimes disagreed on things in the deen, and gave their opinions based on the guidance they had received from the Quran and Sunnah of the Messenger of Allah (saws) but in such matters we need to investigate. lets analyse.....

Mutah was a term used for a form of 'temporary' marriage prevalent in the Days of Ignorance before Islam, where a man would 'temporarily' contract a woman for a fixed period, fulfil his lust with her, and divorce her at the end of the agreed period without any responsibility towards the woman whatsoever.  This mutually agreed period would be at an agreed and negotiated price between the man and the woman,  for a fixed period of time which could be for a couple of hours, or days, or weeks, etc. as negotiated. 
 
The society in the Days of Ignorance before Islam had tried to give a legal 'veil' to the abomination of 'zina' and prostitution by various means, and the 'mutah' was one of such veils!  Islam removed all such veils from the abomination of 'zina' and declared that the only legal way for a man and woman to enjoy conjugal relationships was for the man and woman to be legally wedded to each other in the 'nikaah' contract, where the man would shoulder the responsibility of a proper marriage.  One should note here that it was not Islam who started or initiated this evil concept of 'muta', but it was a system prevailent in the days of ignorance before Islam.  Allah and His Messenger (saws) completely and absolutely abolished and forbade this evil concept of 'muta' for those who sincerely believed in Allah and the Last Day.
 
Allah Says in the Holy Quran Chapter 23 Surah Muminoon verses 1-7:
1        The Believers must (eventually) win through
2        Those who humble themselves in their prayers;
3        Who avoid vain talk;
4        Who are active in deeds of charity;
5        Who abstain from sex
6        Except with those joined to them in the marriage bond, or (the captives) whom their right hands possess; for (in their case) they are free from blame
7        But those whose desires exceed those limits are transgressors
 
Sahih Al-Bukhari Hadith 5.527         Narrated by Ali bin Abi Talib
On the day of Khaibar, Allah's Messenger (saws) forbade the Mut'a (i.e. temporary marriage), and the eating of donkey-meat.
 
Dear brothers, if any fair-minded person just looks at the system of 'mutah', he would conclude that it is nothing but a manifestation of the abomination of prostitution and nothing else. Which righteous parent or guardian would allow his daughter or sister to temporarily have sex with a man in exchange for a material reward? 
 
Prostitution is described as an act where a woman 'temporarily' engages in sexual activity with a man in return for a negotiated fee.  If one asks oneself what is the difference between prostitution and 'mutah', one would find it extremely difficult to differentiate the two terms!
 
Islam recognized the evils of the temporary 'mutah' contract, and the Messenger of Allah (saws) declared the 'mutah' absolutely 'haraam' for the believers. 

Thus in Conclusion: The deen of Islam balances the rights, duties and responsibilities of the man and the woman united in the sacred bond of 'nikaah' or marriage.  In the concept of 'mutah', the rights of the woman are severely compromised, where, just as in prostitution, a woman is given a one time fee for fulfilling the lust of the man; and the man simply walks away without any responsibility towards her after he has fulfilled his desire!  The concept of 'mutah' would be absolutely unfair to our sisters and daughters in Islam; and whatever is unfair cannot be a part of the deen of Islam! 

Your Brother in Islam,



From: syed aleemuddin 


Assalaamualikum Wr Wb,

Dear Brother Zakariya,

I believe Hasan had mailed you a document about Mutah. Well if he has not done it then kindly find attached the Document with this mail and please give me reply to it.

Jazakallah khair,
Wassalaamualikum.

On Tue, Oct 11, 2011 at 8:28 AM, Zakariya Shareef <zakariyahyder@gmail.com> wrote:


 
Mut'ah marriage is illegal and unislamic
Could you please tell if there is such a concept as 'temporary marriages'in islam. I would like to know because a friend of mine has read a book by professor Abui Qasim Gourgi and is under the impression that if they are already married it is okay for them to do muta(the name for a temporary marriage according to islamic shariah). His definition for a temporary marriage is that if you like someone it is okay for you to have your nikah read with them for a short period of time. Please could you tell me more about the issue of muta and which schools of thought believe in such an idea (could you support your answer using references from ahadith and quran). 
Praise be to Allaah.  
Mut'ah or temporary marriage refers to when a man marries a woman for a specific length of time in return for a particular amount of money. 
The basic principle concerning marriage is that it should be ongoing and permanent. Temporary marriage – i.e., mut'ah marriage – was permitted at the beginning of Islam, then it was abrogated and became haraam until the Day of Judgement. 
It was narrated from 'Ali (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade mut'ah marriage and the meat of domestic donkeys at the time of Khaybar. According to another report, he forbade mut'ah marriage at the time of Khaybar and he forbade the meat of tame donkeys.
Narrated by al-Bukhaari, 3979; Muslim, 1407. 
It was narrated from al-Rabee' ibn Sabrah al-Juhani that his father told him that he was with the Messenger of Allaah (peace and blessings of Allaah be upon him) who said, "O people, I used to allow you to engage in mut'ah marriages, but now Allaah has forbidden that until the Day of Resurrection, so whoever has any wives in a mut'ah marriage, he should let her go and do not take anything of the (money) you have given them."
Narrated by Muslim, 1406. 
Allaah has made marriage one of His signs which calls us to think and ponder. He has created love and compassion between the spouses, and has made the wife a source of tranquility for the husband. He encouraged us to have children and decreed that a woman should wait out the 'iddah period and may inherit. None of that exists in this haraam form of marriage. 
A woman who is married in a mut'ah marriage, according to the Raafidis – i.e. the Shi'ah, who are the ones who say that this is permissible – is neither a wife nor a concubine. But Allaah says (interpretation of the meaning): 
"And those who guard their chastity (i.e. private parts, from illegal sexual acts)
Except from their wives or (the slaves) that their right hands possess, for then, they are free from blame;
But whoever seeks beyond that, then those are the transgressors"
[al-Mu'minoon 23:5-7] 
The Raafidis quote invalid evidence to support their argument that mut'ah is permissible. For example: 
(a)      They quote the verse in which Allaah says (interpretation of the meaning): 
"…so with those of whom you have enjoyed sexual relations, give them their Mahr as prescribed…"
[al-Nisa' 4:24] 
They say: this verse indicates that mut'ah is permissible, and the word 'their mahr (ujoorahunna – lit. their dues or their wages)' is evidence that what is meant by the phrase 'you have enjoyed sexual relations' is mut'ah. 
The refutation of this is the fact that prior to this Allaah mentions the women whom a man is forbidden to marry, then he mentions what is permissible for him, and He commands the man to give to the woman he marries her mahr. 
The joy of marriage is expressed here by the word enjoyment ('of whom you have enjoyed sexual relations'). A similar instance occurs in the Sunnah, in the hadeeth of Abu Hurayrah according to which the Messenger of Allaah (peace and blessings of Allaah be upon him) said: "Woman is like a bent rib, if you try to straighten her you will break her. If you want to enjoy her, then enjoy her while she still has some crookedness in her."
Narrated by al-Bukhaari, 4889; Muslim, 1468. 
The mahr is referred to here as ajr (lit. dues or wages), but this does not refer to the money which is paid to the woman with whom he engages in mut'ah in the contract of mut'ah. The mahr is referred to as ajr elsewhere in the Book of Allaah, where Allaah says (interpretation of the meaning): 
"O Prophet (Muhammad)! Verily, We have made lawful to you your wives, to whom you have paid their Mahr (bridal‑money given by the husband to his wife at the time of marriage)…"
[al-Ahzaab 33:50] 
Thus it becomes clear that there is no evidence in this verse to suggest that mut'ah is permissible. 
Even if we were to say for argument's sake that this verse indicates that mut'ah is permitted, we would still say that it is abrogated by the reports in the saheeh Sunnah which prove that mut'ah is forbidden until the Day of Resurrection. 
(b)     The reports that some of the Sahaabah regarded it as being permissible, especially Ibn 'Abbaas. 
The refutation here is the fact that the Raafidis are following their own whims and desires, because they regard the companions of the Prophet (may Allaah be pleased with them) as kaafirs, then you see them quoting their actions as permissible in this instance and in others. 
With regard to those who said that it is permissible, they are among those who did not hear that it had been forbidden. The Sahaabah (may Allaah be pleased with them) – including 'Ali ibn Abi Taalib and 'Abd-Allaah ibn al-Zubayr – refuted Ibn 'Abbaas's view that mut'ah was permitted. 
It was narrated from 'Ali that he heard Ibn 'Abbaas permitting mut'ah marriage, and he said, "Wait a minute, O Ibn 'Abbaas, for the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade it on the day of Khaybar and (he also forbade) the meat of tame donkeys."
Narrated by Muslim, 1407. 
For more information see Questions no. 1373, 2377, 6595. 
And Allaah knows best.
Islam Q&A

Misfar marriage is unlawful, says Grand Mufti

By Abdullah Al-Dani

JEDDAH – Sheikh Abdul Aziz Bin Abdullah Aal Al-Sheikh, Grand Mufti of the Kingdom, has warned against "misfar" marriage saying it is no different to "mut'a" marriage conducted in order to "fulfill desires unlawfully".

The Grand Mufti said that traveling abroad to "marry with the intention of divorcing upon return" is haram – impermissible – in Shariah, and described the act as having detrimental effects on society, women, and children resulting from such unions.

Aal Al-Sheikh, citing the Qur'an, said that the purpose of marriage was to build a stable home of love and compassion to bring peace of mind. "The marriage known as 'misfar' is just 'mut'a' marriage, taken for a certain number of days," he said. "It is not permissible for Muslim men or women… Muslims should be wary of Allah in themselves and care for Muslim women as they would their own daughters."

"Misfar" marriage refers to a union contracted so that the wife may join her husband for the period of time that the male is abroad. Similar to "mut'a" marriage, which stipulates a set time for divorce, the intention is then to divorce when they return, an issue which has led to disagreement on its permissibility by scholars. The Grand Mufti, speaking to Okaz, also warned against hasty declarations of divorce or women asking for divorce from their husbands. – Okaz/SG

 

What is the ruling concerning "misyar marriage"? 

Fatwa, posted 4.22.2010, from Qatar, in: 
·       Marriage: Types
Religious Authority: 
Misyar marriage should be viewed as a form of legal relationship between man and woman regardless of any description attached to it. This is pursuant to the juristic rule: "What matters most in contracts are motives and meaning, not the wording or structure."

Therefore, in determining the legal nature of this marriage, we should not judge things according to names, for as we know, people feel free in naming or describing something.

Stipulating certain details in the marriage contract on both sides is acceptable. For example, some scholars maintain that a woman has a right to determine the timing of marriage; i.e., it can take place at day or night, however, she can also waive this right.

Therefore, based on what has been mentioned, we can state that misyar marriage, or something in similar form, has been in practice from time immemorial. It also serves the purpose of some women, who, for instance, may be rich but happen to be unable to marry at the proper time. So, such women can opt for this kind of marriage.

But I do have to make it clear that the aforementioned statement does not make me a protagonist of misyar marriage. In all my fatwas and sermons, it is not mentioned anywhere that I give any support for such marriage.
The point is that when I was asked by a journalist to state my opinion regarding this marriage, I found it a pressing religious duty to give a clear-cut opinion on something that does not make unlawful what Almighty Allah has made lawful for His servants.

Therefore, if anyone seeks my opinion on this marriage, I must reply him saying: What do you mean by misyar marriage? Then, if I get an explanation that shows that in misyar marriage, all the Islamic legal requirements are met, then the marriage is valid.

Those requirements are: an offer and acceptance from both parties; a specified dowry, according to the Qur'anic verse: [And give unto the women, (whom ye marry) free gift of their marriage portions] (An-Nisaa' 4: 4), and that the contract wins the consent of the guardian. Thereby, no one has the right to brandish it as unlawful.

There is no doubt that such marriage may be somehow socially unacceptable, but there is a big difference between what is Islamically valid and what is socially acceptable. As we know, people can be cynical about the idea of an employee marrying his employer. But who can deny the validity of such a marriage if it meets all the legal requirements?
This issue, therefore, needs a cautious approach. One should not feel free to condemn an act as absolutely forbidden, merely on social repugnance. Rather, one needs to have convincing evidence to determine the legal nature of each particular act.


May Allah bless you with true success of this world as well as of the hereafter!

----
PS: Actions may not always bring happiness; but there is no happiness without action, so act we MUST.
---------
Wishing you and all your loved ones greatest of times ahead!
Aspiring 2 c u happy!

Shakeel Ahmad
B.Tech (IT-BHU), MBA (XLRI), PMP
Dubai, United Arab Emirates

Recommended website for PMP exam preparation: http://www.passPM.com/

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